What’s Prop. 47? And the way would it not change if Prop. 36 passes this 12 months?

California voters face a call about how the state ought to punish people who find themselves repeatedly convicted of stealing, or of crimes involving the lethal drug fentanyl. Proposition 36 on the November poll asks voters to alter sure elements of Proposition 47, an initiative handed in 2014 that turned some nonviolent felonies into misdemeanors.

Right here’s what you should find out about how this 12 months’s measure, if handed, would change the legislation Californians accredited a decade in the past.

Why did Proposition 47 occur?

In Might 2011, a U.S. Supreme Court docket upheld a call in opposition to the state of California that required lowering the jail inhabitants to keep away from overcrowding. A federal three-judge panel had ordered each state jail in California to cut back its inhabitants to 137.5% of its “design capability” inside two years. Within the 2010s, the state’s prisons had been performing at over 180% capability, which meant they had been holding about 34,000 inmates over the restrict established by the federal courtroom.

State lawmakers accredited laws that modified how the state prosecuted low-level, non-serious offenses, known as “realignment,” permitting some offenders to serve their time in county jails relatively than state prisons.

Liberal advocacy teams pushed for Proposition 47 as one other approach to cut back the jail inhabitants and direct more cash to drug remedy and sufferer providers.

How did Proposition 47 in 2014 change California legislation?

Proposition 47 had three main elements: lowering some felonies to misdemeanors; permitting prisoners to have their sentences lowered in the event that they had been serving time for crimes that had been lowered to misdemeanors; and shifting cash saved from lowered incarceration to providers in native communities.

Proposition 47 reclassified some felony crimes and made it so people who commit sure nonviolent drug and property crimes, together with shoplifting the place merchandise underneath $950 was stolen and easy drug possession, can be sentenced on misdemeanor expenses as a substitute of felony expenses. Although prosecutors filed misdemeanor expenses for a lot of of these crimes earlier than Proposition 47 was enacted, some had been thought-about a “wobbler” and could possibly be charged as both a misdemeanor or a felony. A misdemeanor sentence would nonetheless result in an individual serving as much as a 12 months in county jail. Proposition 47 didn’t apply to individuals who already had a previous conviction for critical or violent crimes, and it didn’t apply to registered intercourse offenders.

Proposition 47 has allowed greater than 1,000,000 individuals to cut back previous, low-level, non-violent felonies on their document to misdemeanors. However the mechanism to do this underneath Proposition 47 expired in November 2022, in line with the state Judicial Council, and state legislation solely permits individuals to use later if they’ll present a “good trigger.” The felony justice advocacy group Californians for Security and Justice, which was one of many main proponents of the measure, stated that 1000’s of prisoners are estimated to nonetheless be eligible for resentencing, and a invoice is anticipated to be voted on this August that may prolong the deadline indefinitely.

The measure handed by greater than 1.3 million votes. Notable supporters on the time included social justice organizations corresponding to Californians for Security and Justice and the American Civil Liberties Union, and it was largely funded by 5 main philanthropic foundations together with the Rosenburg Basis, a Bay Space social justice group, George Soros by means of his Open Society Basis and the Ford Basis. Opponents of the measure included the California Police Chiefs Assn. and different legislation enforcement teams and district attorneys from Alameda and Contra Costa counties, in addition to former Assemblyman Jim Cooper, who’s now the Sacramento County Sheriff.

Since 2014, the state has saved about $100 million yearly ensuing from the sentencing modifications made underneath Proposition 47. These funds have gone to sufferer providers, psychological well being, and substance use providers.

What’s the distinction between a misdemeanor and a felony?

A misdemeanor is much less critical than a felony. Usually individuals convicted of a misdemeanor will serve out their sentence in a county jail for a most of 1 12 months. In California, county jails are overseen by the native sheriff’s division. Different types of punishment for a misdemeanor conviction embody being underneath the supervision of a probation officer or a high quality.

A felony is outlined as a violent or critical sort of crime. These crimes can embody homicide, theft, or rape. Individuals convicted of felonies could be sentenced to county jail and group supervision, or to state jail.

How would this 12 months’s Proposition 36 change issues?

Proposition 36 would impose mandated drug remedy for some drug crimes, add new penalties for some theft and drug offenses and add new sentencing enhancements that may apply to any crime.

Medication

Possession for private use of unlawful medicine is normally charged as a misdemeanor. The poll measure would add fentanyl to an inventory of exhausting medicine, corresponding to heroin, cocaine, or methamphetamine which are already thought-about a felony relying on the quantity that’s offered or if they’re armed with a firearm whereas trafficking the medicine. Fentanyl is an artificial opioid that’s 100 occasions stronger than morphine and is used to deal with extreme ache underneath the supervision of a licensed medical skilled. In recent times, unlawful types of fentanyl have been smuggled into the U.S., and different extra widespread road medicine like cocaine have been recognized to be laced with deadly doses of the drug. These drug-related deaths have elevated in California, and 3,946 individuals are recognized to have died from fentanyl overdose in 2020 in California alone.

Beneath Proposition 36, a decide may sentence somebody possessing any quantity of exhausting medicine, if the particular person has already been convicted of two or extra drug-related offenses, to as much as three years in state jail. The measure permits the decide to find out if an individual is eligible for remedy and may take part in a treatment-mandated felony as a substitute of incarceration.

If an individual efficiently completes drug remedy, their expenses can be dismissed.

The poll measure additionally permits judges to condemn convicted drug sellers who visitors in giant portions of exhausting medicine, together with fentanyl, or who’re armed with a firearm whereas trafficking the medicine, to state jail as a substitute of county jails. It might additionally make it a felony the fourth time that somebody is present in possession of such medicine and can also be present in possession of a firearm. Present legislation requires felony expenses in these conditions for a shortlist of medicine. The measure would add fentanyl to that record.

Proposition 36 additionally would authorize larger penalties for exhausting drug sellers whose gross sales of fentanyl kill or significantly injure an individual who makes use of these medicine. It might authorize a decide to warn convicted sellers that they could possibly be charged with homicide sooner or later if somebody dies because of the medicine they offered.

Theft

Beneath Proposition 36, the theft of cash or property price $950 or much less can be punishable as a felony for individuals who have two or extra earlier convictions for some theft-related crimes. It additionally would permit prosecutors to file felony expenses if an individual is accused of a number of thefts that add as much as a greenback determine over $950. Earlier theft convictions also can depend. If somebody has two misdemeanor property theft expenses on their document from years in the past, after which steals once more, for the third time, after Proposition 36 is enacted, they will also be eligible for a felony cost.

Prices

Proposition 47 has helped the state save almost $100 million a 12 months on jail spending, and in flip, distributed the cash to sufferer providers and reentry applications. These financial savings would doubtless be lowered, the nonpartisan Legislative Analyst’s Workplace wrote in an evaluation, if extra individuals turn into incarcerated underneath the brand new poll measure. That will imply fewer {dollars} will likely be allotted to these public providers.

The analyst’s workplace additionally stated that the state would see a rise in prices in two different methods: The primary is that it might require some individuals who now serve their sentences on the county degree to serve them in state jail, rising the jail inhabitants by a number of thousand individuals. The second is the price of elevated workload, given the additional time it takes for courts to resolve felonies and to facilitate treatment-mandated felonies.

What elements of Proposition 47 would stay in place if voters cross Proposition 36?

Medication

Earlier than Proposition 47, in case you carried medicine of any weight, in any other case often called easy drug possession, it may have been thought-about both a felony or a misdemeanor. When Proposition 47 handed, easy drug possession turned a misdemeanor. Beneath Proposition 36, an individual would nonetheless be charged with a misdemeanor for the primary two easy drug possession convictions however on the third conviction, an individual can be charged as a felony and qualify for jail or jail time.

Theft

Since Proposition 47, any nonviolent property theft underneath $950 is mostly charged as a misdemeanor.

Beneath Proposition 36, the primary two thefts underneath $950 would stay a misdemeanor — which has similarities to Proposition 47 — however an individual’s third theft conviction, regardless if underneath $950 was stolen, would qualify as a felony and make an individual eligible for jail time.

Resentencing

Proposition 36 doesn’t explicitly change something about resentencing guidelines, however coverage analysts have raised the likelihood that sure people wouldn’t be eligible for resentencing underneath the brand new measure.